They have not filed yet, they simply have no reason to file until they know the prosecutor's decision. To me, it makes no sense to file the Motion before knowing the decision. If they file the Motion and then the prosecutor seeks the DP, the Motion would have to be dismissed which seems like a waste of time.
The families will hear his decision before it hits the media, so what I believe is if we do not hear of the prosecutor's decision but find out the 2 families filed the Motion, then we know the prosecutor refused to file for the DP.
Right now, we have 2 families that want the DP and 1 that wants LWOP. We don't know what Ethan's family wants but if they do want the DP then I think the prosecutor will go for it.
But what if Ethan's family wants LWOP? Then you have 2 for the DP and 2 against it. WOW!
The elected lead Prosecutor, Bill Thompson, has 60 days from Kohberger’s plea to make a determination.
Bill Thompson
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The elected Prosecuting Attorney defends or prosecutes actions, applications, or motions in the District Court or Magistrate's division in which the People, the State or the County is a party. Along with the Sheriff, the Prosecutor functions as the chief law enforcement officer in Latah County. The Prosecuting Attorney is also the legal counsel for the Board of County Commissioners, as well as other elected officials and appointed boards and commissions of the county.
Latah County is located in the northern Idaho panhandle; to the immediate west lies Whitman County, Washington. These counties are referred to as The Palouse, which produces a large share of the wheat, lentils, peas, oats and barley in the United States. The Palouse is home to two major...
latahcountyid.gov